Dadasaheb Tukaram Mande And Another v. Dattatraya Dagadu Mande Died Lrs Rakhamabai Dattatraya Mande And Others

WP 7486.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7486 OF 2017 DADASAHEB TUKARAM MANDE AND ANOTHER

VERSUS

DATTATRAYA DAGADU MANDE DIED LRS RAKHAMABAI DATTATRAYA MANDE AND OTHERS ...

Advocate for Petitioners : Mr. Vaidya Ameet R. Advocate for Respondents : Mr. L S Shaikh h/f D R Jayabhar ...

CORAM : V.K. JADHAV, J.

Dated: March 03, 2020 ...

PER COURT :- 1.

By consent, this writ petition can be disposed off.

2.

The petitioners have instituted the suit for removal of the encroachment. At the initial stage before commencement of the evidence, petitioners/plaintiffs have fled an application for appointment of the Court Commissioner. It thus appears that the Trial Court has rejected the said application on the ground that the application at the initial stage is not entertainable and the petitioner can fle such an application for aaa/-

WP 7486.2017.odt appointment of the Court Commissioner after commencement of the evidence, if so needed.

3.

In view of the above, this writ petition is dismissed with the liberty to the petitioners/plaintiffs to fle an application for appointment of the Court Commissioner at the appropriate stage and, upon fling such an application, the Trial Court may consider the same on its own merits afresh uninfuenced by the initial order of rejection.

( V.K. JADHAV, J. ) ...

aaa/-